KISHORI LAL Vs. STATE

JUDGEMENT

(1.) The petitioner has preferred this criminal Revision petition under Section 397/401 r.P.C. praying that the order dated 17.2.2020 passed by learned Additional Sessions Judge, Anupgarh District Sri Ganganagar in Criminal Misc. Case No.26/2020 may be set aside, whereby the application preferred by the petitioner under section 457 of Cr.PC for releasing of vehicle Swift Dezire Car bearing Registration No.RJ-31-CA-7183 has been rejected. The said vehicle was seized in connection with FIR No.750/2019 registered at P.S. Anupgarh District Sri Ganganagar for the offence under Sections 8/22, 25, 29 of the N.D.P.S. Act.

(2.) Heard learned counsel for the petitioner as also learned Public Prosecutor appearing on behalf of the State.

(3.) The learned counsel for the petitioner submits that the petitioner is a registered owner of the vehicle i.e. Swift Dezire Car having registration No.RJ-31-CA-7183. He further submits that the vehicle in question was given to Abhishek Dube for plying on contract basis. An agreement for the purpose was also entered into between the petitioner and Abhishek Dube. The said vehicle while being used by Abhishek Dube was intercepted by the police on 10.12.2019 and 75000 Tramadol Trio- SR tablets were recovered from the vehicle. Abhishek Dube and Ashok Kumar were arrested. The vehicle was seized by the investigating agency. When the fact came to the knowledge of the petitioner being registered owner of the vehicle, an application under section 457 Cr.PC for release of the vehicle on Supurdginama was preferred but the same was rejected by the learned trial court vide order dated 17.02.2020.